University Policies

Substance Abuse Policy

East Carolina University is dedicated to the pursuit and dissemination of knowledge and, as such, expects all members of the academic community to behave in a manner conducive to that end. The highest standards of personal and professional conduct must be maintained by faculty, staff, and students. Illegal or abusive use of drugs or alcohol, referred to in this policy as substance abuse, by members of the university community adversely affects the mission of the university and is prohibited.

Accordingly, the East Carolina University Board of Trustees adopts the following policy, consistent with The UNC Board of Governors’ Policy on Illegal Drugs. The policy is intended to accomplish the following:

Prevent substance abuse through a strong educational effort;

Encourage and facilitate the use of counseling services and rehabilitation programs by those members of the academic community who require their assistance in stopping substance abuse; and

Discipline appropriately those members of the academic community who engage in illegal drug or alcohol-related behaviors.

Educational Efforts to Prevent Substance Abuse

In keeping with its primary mission of education, East Carolina University will conduct a strong educational program aimed at preventing substance abuse and illegal drug or alcohol use. Educational efforts shall be directed toward all members of the academic community and will include information about the incompatibility of the use or sale of illegal substances with the goals of East Carolina University; the health hazards associated with illegal drug or alcohol use; the incompatibility of substance abuse with the maximum achievement of educational, career, and other personal goals; and the potential legal consequences of involvement with illegal drugs or alcohol.

Counseling and Rehabilitation Services to Prevent Substance Abuse

Those faculty, staff, or students who seek assistance with a substance-related problem shall be provided with information about drug counseling and rehabilitation services available through East Carolina University and also through community organizations. Those who voluntarily avail themselves of university services shall be assured that applicable professional standards of confidentiality will be observed.

Disciplinary Actions to Prevent Substance Abuse

Students, faculty members, administrators, and other employees are responsible, as citizens, for knowing about and complying with the provisions of North Carolina law that make it a crime to possess, sell, deliver, or manufacture those drugs designated collectively as “controlled substances” in Article 5 of Chapter 90 of the North Carolina General Statutes. Any member of the university community who violates that law is subject both to prosecution and punishment by the civil authorities and to disciplinary proceedings by the university.

It is expected that East Carolina University students, faculty members, administrators, and other employees who use or possess alcoholic beverages will do so as legally prescribed by the laws of the State of North Carolina, within the regulations of East Carolina University, and in a manner which does not disrupt the lives of others. A person whose conduct is outside these parameters will be subject to the judicial rules and procedures of the university.

It is not double jeopardy for both the civil authorities and the university to proceed against and punish a person for the same specified conduct. The university will initiate its own disciplinary proceedings against a student, faculty member, administrator, or other employee when the alleged conduct is deemed to affect the interests of the university.

Penalties will be imposed by the university in accordance with procedural safeguards applicable to disciplinary actions against students, faculty members, administrators, and other employees, as required by Sections V and VI of Appendix D of the East Carolina University Faculty Manual, by board of governors’ policies applicable to the employees exempt from the State Personnel Act, by the East Carolina University Student Judicial System, and by regulations of the State Personnel Commission

The penalties to be imposed by the university may range from written warnings with probationary status to expulsions from enrollment and discharges from employment*. However, the following minimum penalties shall be imposed for the particular offenses described.

Trafficking in Illegal Drugs

For the illegal manufacture, sale or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedule I, NC General Statutes 90-89, or Schedule II, NC General Statutes 90-90 (including, but not limited to, heroin, mescaline, lysergic acid diethylamide, opium, cocaine, amphetamine, methaqualone), any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.

For a first offense involving the illegal manufacture, sale, or delivery, or possession with intent to manufacture, sell or deliver, of any controlled substance identified in Schedules III through VI, NC General Statutes 90-91 through 90-94, (including but not limited to, marijuana, pentobarbital, codeine) the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent. For a second offense, any student shall be expelled and any faculty member, administrator, or other employee shall be discharged.

Illegal Possession of Drugs

For a first offense involving the illegal possession of any controlled substance identified in Schedule I, NC General Statutes 90-89, or Schedule II, NC General Statutes 90-90, the minimum penalty shall be suspension from enrollment or from employment for a period of at least one semester or its equivalent.

For a first offense involving the illegal possession of any controlled substance identified in Schedules III through VI, NC General Statutes 90-91 through 90-94, the minimum penalty shall be probation, for a period to be determined on a case-by-case basis. A person on probation must agree to participate in a drug education and counseling program, consent to regular drug testing, and accept such other conditions and restrictions, including a program of community service, as the chancellor or the chancellor’s designee deems appropriate. Refusal or failure to abide by the terms of probation shall result in suspension from enrollment or from employment for any unexpired balance of the prescribed period of probation.

For second or other subsequent offenses involving the illegal possession of controlled substances, progressively more severe penalties shall be imposed, including expulsion of students and discharge of faculty members, administrators, or other employees.

Possession and Use of Alcohol

For offenses involving the illegal possession, use, sale and/or distribution of alcohol in violation of NC General Statutes 18B-300 & 18B-301 & 302; 18B-1006 (a); or Greenville Ordinance No. 812-1-2, a student will be subjected to a progressive penalty system based on the type of infraction and the circumstances involved. Penalties may be a warning, probation, fine, volunteer community service, and/or removal from the residence system or the university.

In certain circumstances, involvement in an alcohol education and/or counseling program may be offered to a student in lieu of being refereed to the honor board with a recommendation for suspension. Specifically, a student given this option will be required to participate in a program of assessment, education and counseling; pay a fee of sixty dollars ($60), and be placed on university probation. A student may participate in this program only once in lieu of disciplinary action.

University employees subject to the State Personnel Act may be disciplined in accordance with the rules and regulation for personal misconduct, i.e., final written warning, which may include a three (3) day suspension without pay, or dismissal.

When a student, faculty member, administrator, or other employee has been charged by the university with a violation of policies concerning illegal drugs or alcohol, he or she may be suspended from enrollment or employment before initiation or completion of regular disciplinary proceedings if, assuming the truth of the charges, the chancellor or, in the chancellor’s absence, the chancellor’s designee concludes that the person’s continued presence within the university community would constitute a clear and immediate danger to the health or welfare of other members of the university community; provided, that if such a suspension is imposed, an appropriate hearing of the charges against the suspended person shall be held as promptly as possible thereafter.

In the case of employees, anyone convicted of a criminal drug statute violation occurring in the workplace shall notify the university no later than five days after such a conviction. The university will commence disciplinary action against such an individual within thirty (30) days of notice of the conviction.

Responsibilities Under This Policy

Authority to implement the policy shall reside in the chancellor. The chancellor shall designate a coordinator of drug and alcohol education who shall, acting under the authority of the chancellor, be responsible for overseeing all actions and programs relating to this policy.

All employees and students shall be responsible for abiding by the provisions of this policy. In the case of employees, adherence with the provisions of the policy shall be a condition of employment.

The chancellor will render an annual report to the board of trustees on the effectiveness of this policy.

Dissemination of This Policy

A copy of this policy shall be given annually to each employee and to all new employees at the beginning of their employment. Each student shall receive a copy and new students shall be given a copy during orientation.

The policy shall be printed on appropriate student documents and posted on official bulletin boards of the university.

Amended October, 1990 The Board of Trustees of East Carolina University

East Carolina University Affirmative Action/Equal Opportunity Policy

East Carolina University is committed to equality of opportunity and does not discriminate against applicants, students, or employees based on race, religion, color, creed, national origin, sex, age, sexual orientation, or disability.

All employment decisions will be made so as to further the principle of equal employment opportunity. The university will recruit, hire, train, and promote persons in all positions, without regard to race, religion, color, creed, national origin, sex, age, or disability. Consistent with this principle, all promotion decisions will be made using valid requirements and all personnel actions (such as compensation, benefits, transfers, layoffs, return from layoff, university sponsored training, education, tuition assistance, and social and recreational programs) will be administered without regard to race, religion, color, creed, sex, national origin, age, sexual orientation, or disability.

This policy on nondiscrimination and the Affirmative Action Program of East Carolina University are consistent with and pursuant to the guidelines set forth in Executive Order 11246 and its implementing regulations. The Affirmative Action Program implements guidelines set forth under Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Age Discrimination In Employment Act of 1976, the Vietnam Veterans Readjustment Assistance Act of 1974 as amended, and the Americans with Disabilities Act of 1992.

The university’s policy is consistent with NCGS 126-16: “All State ... agencies ... of North Carolina shall give equal opportunity for employment without regard to race, religion, color, creed, national origin, sex, age, or handicapping condition to all persons qualified, except where specific age, sex, or physical requirements constitute bona fide occupational qualifications necessary to proper and efficient administration. This section with respect to equal opportunity as to age shall be limited to individuals who are at least forty years of age but less than seventy years of age.” It is also consistent with The Code of The University of North Carolina, Section 103: “Admission to, employment by, and promotion in The University of North Carolina and all of its constituent institutions shall be on the basis of merit and there shall be no discrimination on the basis of race, color, creed, religion, sex, national origin, age, or disability.”

The responsibility for implementation of this plan rests with the chancellor. The vice chancellors, dean of the College of Arts and Sciences, deans of professional schools, departmental chairpersons, and principal administrative directors are responsible for assisting him in implementing these policies. These responsibilities also include coordination of the university’s efforts to comply with all applicable aspects of the Americans with Disabilities Act of 1992. They will assure that decisions involving recruitment, selection, appointment, and promotion of faculty and staff at all levels are made in a nondiscriminatory manner and in accordance with the goals of the ECU Affirmative Action Plan.

The chancellor has also appointed the EEO officer to coordinate all aspects of the Affirmative Action Plan, initiate programs to assist in reaching the goals of the Affirmative Action Plan, maintain a record system, identify problem areas, monitor progress, and assist faculty, staff, and students to resolve problems. These responsibilities also include coordination of the university’s efforts to comply with all applicable aspects of the Americans with Disabilities Act of 1992. Any student of East Carolina University who has a complaint of discrimination should follow the procedure outlined in the student handbook, The Clue Book. Current, former, or prospective faculty or staff who have a complaint should follow the procedures outlined in the Faculty Manual or the East Carolina University Business Manual. The EEO officers will provide information to any individual concerning the appropriate grievance procedures.

Copies of the Affirmative Action Plan are available in the Office of Equal Opportunity and via the Internet at www.ecu.edu/oie.

This Affirmative Action Plan will be evaluated annually and a report prepared by the EEO officer for review by the chancellor. The EEO officer is Taffye Benson Clayton. The associate EEO officers are Damon Davis and LaKesha Alston. The Office of Equal Opportunity and Equity is located in 107 Whichard; telephone 252-328-6804.

Notice of Nondiscrimination

East Carolina University is committed to equality of educational opportunity and does not discriminate against applicants, students, or employees based on race, color, national origin, religion, gender, sexual orientation, age, or disability.

East Carolina University supports the protections available to members of its community under all applicable federal laws, including Titles VI and VII of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 799A and 845 of the Public Health Service Act; the Equal Pay Act; the Age Discrimination Act of 1975; the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974; the Vietnam Era Veteran’s Readjustment Assistance Act of 1974; the Americans with Disabilities Act of 1992; and Executive Order 11246, as amended by Executive Order 11375.

In compliance with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1992, accommodations of the disabled extend to student programs, employment practices, elimination of physical barriers, and special assistance to disabled students and employees within the university.

This nondiscrimination policy covers admission, readmission, access to, and treatment and employment in university programs and activities, including, but not limited to, academic admissions, financial aid, any services, and employment.

Any student who believes that he or she has been discriminated against by the university because of his or her race, color, national origin, religion, gender, age, sexual orientation, or disability may speak with the director of the Office of Student Conflict Resolution, Mary Louise Antieau, 201 Whichard Building, East Carolina University. Following that discussion, a student who wishes to file a formal or informal grievance will be directed to the appropriate office. Any member of the university community desiring information or having a complaint or grievance in regard to these provisions should contact the assistant to the chancellor/EEO officer, Taffye Benson Clayton, 107 Whichard, East Carolina University, Greenville, NC 27858-4353; telephone 252-328-6804 or the associate EEO officer.

Sexual harassment and discrimination are illegal and endanger the environment of tolerance, civility, and mutual respect that must prevail if the university is to fulfill its mission. East Carolina University is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the work place and students can engage fully in the learning process. Further, amorous relations between a student and a university employee who is responsible for supervising or evaluating the student, or between an employee and the person supervising that employee may derogate the merit principle of supervision and evaluation. This policy is the university’s statement of its intent to prohibit sexual harassment and discrimination and to prohibit amorous relations between the university’s employees and students, and employees and supervisors, when these relations create a risk of favoritism.

The following constitute sexual harassment: making verbal remarks or committing physical actions that propose to people of either sex that they engage in or tolerate activities of a sexual nature in order to avoid some punishment or to receive some reward; singling out people of either sex and creating or attempting to create a hostile university or working environment or otherwise attempting to harm or harming people because of their sex; and continuing verbal or physical conduct of a sexual nature when the person the conduct is directed toward has indicated clearly, by word or action, that this conduct is unwanted.

Sexual discrimination consists of actions that subject employees or students to unequal treatment on the basis of their sex.

It is the responsibility of members of the university community to strive to create an environment free of sexual harassment and discrimination and free of unprofessional bias in the supervision and evaluation of students and employees. It is against the policies of East Carolina University for its employees or students to propose to other employees or students that they engage in or tolerate activities of a sexual nature in order to avoid some punishment or to receive some reward; to create a hostile university or work place environment for an individual or group because of the individual’s or the group’s sex; to continue verbal or physical conduct of a sexual nature when the employees or students of the university such conduct is directed toward have indicated clearly, by word or action, that such conduct is unwanted; to engage in consensual amorous relationships with students or other university employees whom the employee is or will be supervising or evaluating; and to subject other employees or students to unequal treatment on the basis of their sex.

Complaints brought against East Carolina University students by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in The Clue Book.

Complaints brought against East Carolina University staff by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the East Carolina University Business Manual, Policy Statement 7: Employee Relations in the Human Resources Section.

Complaints brought against East Carolina University faculty members or administrators holding faculty status by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in the East Carolina University Faculty Manual.

Racial and Ethnic Harassment Policy

Section I. Rationale

The faculty, staff, administration, and students of East Carolina University maintain that it is important to create an atmosphere in which instances of racial and ethnic harassment are discouraged. Well-publicized policies and procedures such as these will help to create an atmosphere in which individuals who believe that they are the victims of racism or ethnic harassment are assured that their grievances will be dealt with in a timely, confidential, fair, and effective manner. Toward this end, all members of the university community should understand that racial and ethnic harassment violates university policy and will not be condoned. Members of the university community are encouraged to express freely, responsibly, and in an orderly way their opinions and feelings about any problem or complaint of harassment prohibited under these policies. Any act by a university employee or student of reprisal, interference, restraint, penalty, discrimination, coercion, or harassment against a student or an employee for using these policies responsibly interferes with free expression and openness and violates this policy. Accordingly, members of the university community are prohibited from acts of reprisal against those who bring charges or are involved as witnesses or otherwise try to responsibly use this policy.

Section II. Racial and Ethnic Harassment Policy

Introduction. Racial and/or ethnic harassment endangers the environment of tolerance, civility, and mutual respect that must prevail if the university is to fulfill its mission. Such harassment will not be condoned by members of the university community. This policy is the university’s statement of its intent to protect its educational environment by prohibiting specific forms of racial and/or ethnic harassment. The university recognizes that the free and unfettered interchange of competing views is essential to the institution’s educational mission, and that the peoples’ right to express opinions is guaranteed by the United States Constitution.

Definitions. The following constitute racial and/or ethnic harassment: a) Singling out people because of their race or ethnic affiliation and subjecting them to unequal or unfair treatment. b)Harming, attempting to harm, or threatening to harm people because of their race and/or ethnic affiliation.

Policy. It is the responsibility of members of the university community to strive to create an environment free of racial and/or ethnic harassment.

C-1. It is against the policies of East Carolina University for its employees or students to single out employees or students of the university because of their race or ethnic affiliation and subject them to unequal or unfair treatment.

C-2. It is against the policies of East Carolina University for its employees or students to single out employees or students of the university or visitors to the university because of their race or ethnic affiliation and subject them to conduct which causes severe emotional disturbance.

Section III. Grievances Against East Carolina University Students

Complaints brought against East Carolina University students by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures presented in The Clue Book.

Section IV. Grievances Against East Carolina University Staff

Complaints brought against East Carolina University staff by East Carolina University students, faculty, staff, administrators, or visitors are governed by the grievance procedures stated in the East Carolina University Business Manual, Volume 2, Section VIII.

Section V. Grievances Against East Carolina University Faculty Members or Administrators Holding Faculty Status

Complaints brought against East Carolina University faculty members or administrators holding faculty status by East Carolina University students, faculty, staff, administrators, or visitors ordinarily are governed by the grievance procedures stated in the East Carolina University Faculty Manual, Appendix X. However, if a faculty member raises allegations of racial or ethnic harassment or discrimination during a hearing he or she requested before the Due Process Committee, the Reconsideration Committee, or the Faculty Hearing Committee (in accordance with the policies and procedures set forth in the East Carolina University Faculty Manual, Appendix D), the relevant committee shall determine the merits and bearing, if any, of the allegations raised by the faculty member on the matter before the committee. Such actions by the Due Process Committee, the Reconsideration Committee, or the Faculty Hearing Committee shall not preclude a faculty member from independently bringing a complaint of racial or ethnic harassment or discrimination in accordance with the grievance procedures stated in the East Carolina University Faculty Manual, Appendix X. The outcome of an Appendix X grievance brought by a faculty member against other faculty members or administrators holding faculty status either may be appealed in accordance with the provisions for appeal set forth in section J of Appendix X or may be appealed before the Faculty Affairs Committee in accordance with the policies and procedures set forth in Appendix D of the East Carolina University Faculty Manual, but not both.